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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
A.S.GADKARI, SHYAM C.CHANDAK
Amol Ankush Parge – Appellant
Versus
State of Maharashtra (Through Abhiruchi Police Station) – Respondent
JUDGMENT :
SHYAM C. CHANDAK, J.
1) All the six Appellants have been convicted for the offences punishable under Sections 302 and 324 with the aid of Section 149 of the Indian Penal Code, 1860 (‘The I.P.C.’, for short), by the Judgment and Order dated 12th April 2013, passed by the Additional Sessions Judge at Pune, in Sessions Case No.277 of 2012. On first count, the Appellants have been sentenced to suffer rigorous imprisonment for life and on the second, to suffer rigorous imprisonment for one year and to pay a fine of Rs.500/- each and in default to suffer further rigorous imprisonment for three months. The substantive sentences to concurrently. Hence Appeal.
1.1) Original accused Nos.6 and 7 have been acquitted of the charge. Further, the accused Nos.1 to 5 and 8 have been acquitted of the charge of the offences under Sections 307, 341 read with 149 of the I.P.C.
1.2) The Appellant No.2/accused No.2 has expired during pendency of the Appeal, hence, his Appeal stands abated and disposed off.
2) Heard learned senior Advocate for the Appellants and learned A.P.P. for the Respondent-State. Perused entire record.
3) The Prosecution story giving rise to this Appeal is as under:-
3.1) The i
The court ruled that the attack was a result of provocation without premeditation, altering offenses from murder to lesser charges under Section 304 of the IPC.
The main legal point established in the judgment is the significance of credible eyewitness and injured witness accounts, the application of Section 149 IPC for vicarious liability, and the relevance....
The main legal point established in the judgment is that the invocation of vicarious liability by virtue of Section 149 IPC requires evidence of the formation of an unlawful assembly, and the court m....
The court affirmed the conviction under Sections 302 and 307 IPC, emphasizing the credibility of eyewitnesses and the common object of the accused in a fatal assault.
The main legal point established in the judgment is the application of Section 149 IPC to determine the common object of the unlawful assembly and the vicarious liability of the accused, as well as t....
The court established that in cases of unlawful assembly, all members can be held vicariously liable for the actions taken in furtherance of a common object, and that the prosecution's failure to exp....
Point of Law : When both sides mean to fight from the start, go out to fight and there is a pitched battle. The question of who attacks and who defends in such a fight is wholly immaterial and depend....
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